Record Labels
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Mr. Pauer has teamed up with Orianna, Sony Music Latin’s electronic label, for the release of his upcoming studio album, Inevitable, Billboard can exclusively announce today (Oct. 30). The set—marking Pauer’s fourth album following Soundtrack (2014), Orange (2015), and Fiera (2022) — is slated for release in the first quarter of 2024 as the first […]
While Taylor Swift has been racking up billions of streams with updated “Taylor’s Version” re-recordings of her original hits over the past couple years, making cultural moments out of old material and simultaneously driving down the value of those original recordings that were sold away from her, record companies have been working to prohibit this sort of thing from happening again.
The major labels, Universal Music Group, Sony Music Entertainment and Warner Music Group, have recently overhauled contracts for new signees, according to top music attorneys, some demanding artists wait an unprecedented 10, 15 or even 30 years to re-record releases after departing their record companies. “The first time I saw it, I tried to get rid of it entirely,” says Josh Karp, a veteran attorney, who has viewed the new restrictions in UMG contracts. “I was just like, ‘What is this? This is strange. Why would we agree to further restrictions than we’ve agreed to in the past with the same label?’”
For decades, standard major-label recording contracts stated artists had to wait for the latter of two periods to expire before they could put out re-recorded versions, Swift-style: It could have been five to seven years from the release date of the original, or two years after the contract expired. Today, attorneys are receiving label contracts that expand that period to 10 or 15 years or more — and the attorneys are pushing back. “It becomes one of a multitude of items you’re fighting,” Karp says.
“I recently did a deal with a very big indie that had a 30-year re-record restriction in it. Which obviously is much longer than I’m used to seeing,” adds Gandhar Savur, attorney for Cigarettes After Sex, Built to Spill and Jeff Rosenstock. “I think the majors are also trying to expand their re-record restrictions but in a more measured way — they are generally not yet able to get away with making such extreme changes.”
Until June 2019, when Swift announced she would re-record her first six albums, the concept of drawing fans to new versions of old songs was a music-business niche. Frank Sinatra rerecorded a number of his biggest hits in the ’60s, but in recent years, new Def Leppard and Squeeze versions had minimal commercial success. But after venture capitalist and longtime Justin Bieber manager Scooter Braun purchased Swift’s original label, Big Machine Music Group, she failed to re-obtain her original master recordings. The business transaction was personal to Swift — she has accused Braun of “incessant, manipulative bullying” — and she encouraged her huge fanbase and sympathetic radio programmers to exclusively play new Taylor’s Versions of Fearless, Red and others.
Suddenly, the concept of re-recording masters has evolved from archaic fine print buried in record deals to a widely scrutinized cause celebre. “Obviously, this is a big headline topic — the Taylor Swift thing,” Savur says. “Labels, of course, are going to want to do whatever they can to address that and to prevent it. But there’s only so much they can do. Artist representatives are going to push back against that, and a certain standard is ingrained in our industry that is not easy to move away from.”
Adds Dina LaPolt, a music attorney with a long history of grappling with labels over contracts: “Now, because of all this Taylor Swift sh–, we have an even new negotiation. It’s awful. We’re seeing a lot of ‘perpetuity’ sh–. When we were negotiating deals with lawyers, before we would get the proposal,, we’d get the phone call from the head of business affairs. We literally would say, ‘If you send that to me, it will be on f—ing Twitter in 10 minutes.’ It never showed up.”
Swift has her own reasons — in addition to dominating the charts and racking up millions of dollars in streaming revenue — for emphasizing her re-recordings. Smaller artists have more modest goals. Alt-rock band Switchfoot recently put out an “Our Version” of its 2003 album The Beautiful Letdown, as frontman Jon Foreman said recently, “for everyone who’s supported us the last 23 years, for everyone who’s sung along with these songs.” After superstar pop-and-R&B trio TLC negotiated a separation agreement from its label, Sony Music, in the early 2000s, Bill Diggins, the band’s manager, negotiated a re-recording clause allowing the group to use hits such as “Waterfalls” and “No Scrubs” for TV and movie synchs. “Anytime you negotiate with a label, it’s a difficult proposition,” he said.
Reps for Universal, Warner and Sony did not respond to requests for comment, but some music attorneys are sympathetic to labels’ concerns about re-recordings. Although “the contracts have gotten reasonably artist-friendly over time,” longtime music attorney Don Passman said recently, “they don’t want you to duplicate your recordings — like ever — and then they will limit the other types of recordings you can do.”
Josh Binder, an attorney who represents SZA, Gunna, Doechii, Marshmello and others, says the Taylor Swift scenario is rare, and most artists never have to exercise their re-recording rights. “It doesn’t offend me so much. Rarely does it come into play where the re-record treatment is even used,” he says. “[The labels’] position is, ‘Hey, if we’re going to spend a bunch of money creating this brand with you, then you should not try and create records to compete with us.’ We try and fight it. We try and make it as short as possible. But I don’t find it to be the most compelling issue to fight.”
Once artists get past the weeds of re-recording restrictions, Binder says, the bigger issue is controlling their master recordings — that was Swift’s primary concern in putting out her new versions, after Braun purchased her catalog from Big Machine. Artists and their attorneys have recently moved towards licensing deals — retaining ownership of their masters and signing with labels to distribute music for a limited period — rather than traditional recording contracts where the label owns everything.
But Ben McLane, an attorney who has worked with dozens of artists, from Donovan and DMX to new label signees such as the Toxhards and We the Commas, says traditional deals remain more common than licensing deals, so battles over new re-recording restrictions still come up.
“I always ask for less. Some labels, at a negotiating point, might be fine with it. It always depends on what your leverage is,” he says. “If you’re an unknown artist, and you really need the deal, the label doesn’t have a lot of motivation to give in on things like that. They’re strict.”
BMG terminated about 40 employees on Thursday (Oct. 27), sources within the company tell Billboard. The layoffs cut effectively the entirety of its film/TV, theatrical, and international marketing department for recordings as well as its Modern Recordings label, according to sources and an internal memo obtained by Billboard. It took place on the day of the New York office’s annual Halloween party, says a source.
The eliminations include company leaders like Fred Casimir (executive vp, global repertoire) and Jason Hradil (senior vp, global repertoire) and affected employees in its Berlin, New York, and Los Angeles offices. A source within the company fears there are more layoffs to come and believes the layoffs may be a result of the company hiring the consulting firm McKinsey & Company in recent months.
After employees were notified they were being laid off, the company hosted a call with the U.S. recorded music team — including those who were let go — according to a source within the company.
“Everyone at BMG says it feels like a venture capital firm now and not a record label,” laments an employee. “Things got dark real fast, and it bums me out watching a lot of amazing people lose their jobs right before the holidays.”
In a video call hosted by CEO Thomas Coesfeld, the leader explained that the restructuring was part of the implementation of its new strategy, BMG Next, according to an internal memo shared with Billboard. “The international marketing team was set up five years ago in response to the needs of the company at the time,” he said to senior managers. “Our talented team has done a great job, driving international campaigns for artists including Lenny Kravitz, Kylie Minogue, and Louis Tomlinson, but unfortunately on a business level, expectations from this novel structure were not met and it created duplication of functions with local teams. The clear business decision is to instead give artists a single contact point with their local repertoire teams.”
A BMG spokesperson declined to comment beyond providing the memo.
In the last year, BMG — which represents talent like Jelly Roll, Halsey and Lainey Wilson as well as certain rights to the catalogs of Tina Turner, Peter Frampton, Mötley Crüe, and more — has made a number of significant business changes. In January, its longstanding chief executive Hartwig Masuch announced he would retire and would be succeeded by then-CFO Coesfeld, effective Jan. 1, 2024. On April 18, BMG claimed it would be the first music company to fully integrate its catalog and frontline music operations. On May 17, Masuch announced he would accelerate Coesfeld’s transition to CEO to July 1 instead.
In September, BMG announced it was winding down its agreement with Warner Music Group’s ADA and would be taking over direct management of its 80-billion-stream digital distribution later this year. (Digital revenues contributed 70% of BMG’s overall revenues in 2022.) Last week, BMG also announced it would be partnering with UMG’s commercial services division for the distribution of its physical recorded music. Coesfeld described the deal as the first project of a burgeoning “alliance” between the two music companies.
One of the most popular albums in the United States, Taylor Swift’s 1989, is about to lose significant market share to a newer version, Swift’s re-recorded 1989 (Taylor’s Version).
It’s happened three times before. 1989 (Taylor’s Version), a re-recorded and expanded version of the nine-times platinum 2014 album, with five previously unreleased tracks, follows the insanely successful formula of the three preceding albums: Fearless, Red and Speak Now. If 1989 (Taylor’s Version) enjoys the same trajectory as its predecessors, the Big Machine-era version of 1989 will lose a majority of its weekly consumption and forever get crowded out by the more popular, Swift-endorsed re-recordings.
To understand what could happen to 1989, consider its predecessor, Red. Average weekly consumption of Red — measured in equivalent album units, which combines physical and digital album sales, track sales and streams — dropped 40% in the 12 weeks following the release of Red (Taylor’s Version), according to Billboard’s analysis of Luminate data for the United States. The original version of Speak Now took an even bigger hit, losing 59% of its average weekly consumption in the 12 weeks after the re-recordings were released. Given those two trajectories, the original version of 1989 could very well lose half its average weekly consumption.
Consumption of the original 1989, which includes Hot 100 chart-toppers “Shake It Off” and “Bad Blood,” has soared this year as Swift reached a Michael Jackson-level of media coverage. As Swift Mania heated up, thanks to her record-setting Eras Tour and steady output of new and rerecorded material, 1989’s average weekly album equivalent units (AEUs) climbed from 16,000 in January to 29,000 in May to 39,000 in August, peaking at 46,000 in the week ended Aug. 17. On the latest Billboard 200 albums chart, the original 1989 ranked No. 20 — one spot behind Speak Now (Taylor’s Version) and two spots ahead of Reputation, Swift’s final album for Big Machine.
That has been great news for Shamrock Holdings, which acquired Swift’s Big Machine master recordings in 2020 for a reported $300 million. In the year before Shamrock Holdings acquired Swift’s catalog, 1989 averaged about 10,000 AEUs per week — 70% below the current level. While Swift’s previous three albums of re-recordings ate into the Big Machine originals, 1989 was spared and got to benefit from Swift’s success — that is, until she got around to releasing her Taylor’s Version.
The original version of 1989 — Swift’s best-selling album to date — has more to lose than its predecessors: 1989 has averaged 33,000 equivalent album units over the previous 12 weeks, nearly 1.8 times more consumption than the 19,000 AEUs Speak Now averaged in the 12 weeks before Speak Now (Taylor’s Version) was released. The original versions of Fearless and Red had even less consumption in the 12 weeks before Swift’s re-recordings came out: 7,000 AEUs for Fearless and 9,000 AEUs for Red.
If 1989’s weekly AEUs drop by 50%, Billboard estimates the gross sales from purchases and streams will drop by nearly $120,000 per week — equal to more than $6 million per year. That’s gross sales, not wholesale. Shamrock pockets less than wholesale after paying royalties, distribution and manufacturing.
And if 1989 (Taylor’s Version) performs like the other three albums of re-recordings, it will far outperform Swift’s Big Machine originals. Through the first 41 weeks of 2023, the re-recordings of Fearless and Red have respectively averaged 4.8 times and 4.1 times the weekly consumption of the original albums. Speak Now (Taylor’s Version), which has just 14 weeks of sales history since its July release, currently has 5.3 times the average weekly consumption of the original.
The original version of Reputation also has a lot to lose. In the past 12 weeks, Reputation has averaged 27,000 AEUs per week. And just as 1989 consumption skyrocketed this year, Reputation’s weekly AEUs have more than doubled since January. Shamrock Holdings will enjoy those spoils, too — that is, until Reputation (Taylor’s Version) inevitably arrives.
French music company Believe benefitted from “healthy” paid streaming growth as its third-quarter revenue grew 9.1% to 215 million euros ($197.6 million at the quarter’s average exchange rate), the Paris-based company announced Tuesday (Oct. 24).
The owner of distributor TuneCore and labels such as Groove Attack and Naïve said organic revenue growth of 7.5% would have been 15.4% without the impact of the currency translation within the digital royalties it receives from its digital partners. Paid streaming “remained strong,” the company stated in its earnings release, although revenue was not yet impacted by recent price increases “due to their deployment calendar in some markets.”
Revenue grew 25.9% to 66.9 million euros ($61.5 million) in Europe outside of Believe’s two single largest markets, France and Germany, accouting for 31.1% of total revenue. The company cited particularly strong growth in Southern Europe, Eastern Europe and Turkey. The addition of Liverpool-based Sentric, acquired from Utopia Music in March, helped revenue growth in the United Kingdom. Revenue was up only 0.7% in France, which accounted for 16% of total revenue, after growing more than 40% in the prior-year quarter. Revenue dropped 6.4% in Germany due to non-digital sales being down “strongly” as Believe moved away from contracts it believes were too weighted in physical sales and merchandise.
Revenue from Asia Pacific and Africa grew 6.6% to 55.8 million euros ($51.3 million) and accounted for 25.9% of total revenue. The company was helped by increased paid streaming penetration in the region but hurt by soft ad-supported streaming and a stronger euro against local currencies. Greater China was particularly strong, while Japan was aided by Believe’s roll-out of its Premium Solutions offering. The Americas accounted for 14.4% of Believe’s revenue and grew 8.4% in the quarter; Brazil and Mexico were particularly strong, the company said.
Believe is comprised of two segments, Premium Solutions and Automated Solutions. Premium Solutions revenue rose 10.1% to 202.9 million euros ($186.5 million). Automated Solutions, which includes TuneCore, dropped 4.5% to 12.1 million euros ($11.1 million) due to a stronger euro and a challenging comparable period influenced by TuneCore’s launch of unlimited pricing in July 2022.
Looking forward, Believe increased its forecast for adjusted earnings before taxes, interest and amortization margin from 5% at the mid-year mark to 5.5%. The company reiterated its guidance for full-year organic growth of 14%.
Although Believe’s growth slowed in the last two quarters, the company expects its organic growth rate — excluding foreign exchange impacts and the impacts of acquisitions — will recover in the fourth quarter “thanks to solid paid streaming trends enhanced by price increases by some large digital partners, a slight recovery in ad-funded streaming expected at the end of the quarter and additional market share gains,” it stated in the earnings release.
Next year’s revenue will get an additional boost from subscription services following up their recent price increases by further raising prices to 12 euros/$12 per month, said CEO Denis Ladegaillerie during Tuesday’s earnings call. “We definitely expect [price increases] to come. ‘When’ is the question. But it’s going to be 2024, no doubt.”
Total revenue increased 9.1% to 215 million euros ($197.6 million).
Digital sales rose 7.1% while non-digital sales rose 39.6% as reported (12.4% at constant currency and constant perimeter).
Digital sales accounted for 92% of revenue, the same as the prior-year quarter.
Premium Solutions revenue grew 10.1% to 202.9 million euros ($186.5 million).
Premium Solutions’ digital sales rose 16.8% and non-digital sales rose 11.2%.
Automated Solutions revenue dropped 4.5% to 12.1 million.
Head versus heart; science versus art.
In the digital era where data abounds, old-fashioned music skills and modern spread sheet analysis can coexist, but deciding when to employ them is part of the art.
That was a key takeaway from an Oct. 18 panel discussion featuring two Big Loud executives, senior vp/GM Patch Culbertson and senior vp of A&R Sara Knabe, presented by the Association of Independent Music Publishers at SESAC Nashville.
In the Big Loud model, gut-level assessments dominate in signing artists and writers, while number-crunching drives the decisions when the label takes singles to radio. But with digital consumption providing the bulk of record-company revenue, getting onto the nation’s airwaves isn’t even a consideration unless the numbers justify it.
“Radio’s honestly the last thing we talk about with any artist that’s interested in partnering with Big Loud,” explained Culbertson. “It is the last thing we talk about in terms of your marketing strategy and campaign. What I want to equip all our radio team with is the power of the audience telling those stations that [something] is a hit, not that the radio person has to convince them.”
He added, “Especially for developing artists, you’re talking about the 55- to 60-week debut-single campaign. If you don’t have the hit in your hand, why are you going to go and do three or five months of radio setup and launch with that, and it’s going to be crickets when you are performing those records in front of those fans?”
The label’s roster houses 27 artists, he said, and only three of them were “research signings”: “Everybody else was a story of just either an incredible voice, incredible songs, just flooring us either performing on a stage somewhere or in our own offices, or just star quality they give off when they walk into the room.”
The approach has worked. Since its 2015 launch, Big Loud has signed and developed the genre’s most-consumed current artist, Morgan Wallen, plus HARDY, ERNEST and Hailey Whitters, a Country Music Association Award nominee for best new artist. It has also developed gold singles for Larry Fleet and Lily Rose — signs of strong market penetration, even if the songs didn’t become top 10 titles at radio.
Big Loud’s volume approach to recording may play a part as well. Since core fans demand a constant supply of new music, the label encourages artists to cut songs when they’re ready, even if no album or EP is planned. It’s part of the development process — “Even studio experience is part of their growth,” Knabe said — and more music increases the possibility that something breaks through with strong numbers.
In the Big Loud model, that’s when the head takes over from the heart.
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Singer-songwriter Maggie Rose, known for her blend of rock, soul and Americana/folk stylings, has signed with Big Loud Records.
The deal is the latest under the label’s aim to sign talent in an array of genres, including Americana, pop, folk, alt-country, and more. Big Loud Records vp of A&R Nate Yetton is leading those efforts, with Rose being among Yetton’s first new signings, following the label’s signing of Charles Wesley Godwin earlier this year.
Rose, who is managed by Starstruck Entertainment, is set to join a nationwide tour with St. Paul & The Broken Bones and promises new music soon. Rose has been a Nashville mainstay, having played the Grand Ole Opry nearly 100 times, and was recently elected as governor of the Recording Academy’s Nashville chapter. Her multi-genre talents have led her to performance slots on festivals including Newport Folk Fest, Bonnaroo, Austin City Limits and more.
Rose said in a statement, “Big Loud dove in headfirst and defied my preconceived notions of what I’d come to expect from a big label; they didn’t want me to change the music I was working on or ‘chase’ the trends. They understood the vision and believed in me from the outset. I’m so excited for this new chapter.”
Yetton added, “Maggie is a world-class vocalist, performer, and songwriter. Earlier this year I was privileged enough to hear her new, unreleased album, and after one listen through, I knew that we had to find a way to partner with her and release this body of work via Big Loud Records. I truly believe it is her best, most undeniably authentic, compelling and complete work to date. This is the kind of art that transcends genre and will be playing at dinner parties and on stages across the globe for decades to come.”
Braylin Kelly
Joey Moi, partner/producer/president of A&R, Big Loud said in a statement, “When I heard some of Maggie’s upcoming new music, I just loved the sound of it. The songs are something entirely their own; her voice speaks for itself. Happy that Big Loud is putting this music out and helping Maggie tell her story.”
Narvel Blackstock, manager, Starstruck Entertainment said, “Starstruck has been fortunate to work with Maggie for the last several years. It’s been incredible to watch Maggie as she has defined her career as a vocalist, songwriter and undeniable artist. We look forward to the future with Big Loud and looking forward to the future with Maggie.”
Virgin Music Group announced the members of its global leadership team on Thursday (Oct. 19).
The executives’ responsibilities are split across five regions. Jacqueline Saturn will serve as president of Virgin Music Group North America/executive vp of global artist relations; Thomas Lorain and Nick Roden will be co-presidents in Europe; and Victor Gonzales has been named president in Latin America and the Iberian Peninsula, with Cris Garcia Falcão working as MD of label and artist strategy/GM of Virgin Music Group Latin.
In Australia and New Zealand, Nathan McLay will assume the role of MD — working with Tim Janes as MD of global marketing for Virgin Music Group Australia — and Michael Roe will take the position of MD in Africa, Middle East and Asia (AMEA).
“It is an enormously exciting time to be working in the independent sector of our business,” JT Myers, co-CEO of Virgin Music Group, said in a statement. “In today’s market,” he added, “visionary music entrepreneurs can be successful on a global scale if they have the right team and infrastructure to empower them.”
In addition to announcing regional leaders, Virgin named Jay Blomquist as chief technology officer, Jeremy Kramer as execugtive vp of global marketing, Joy Larocca as executive vp/CFO, Liz Morentin as senior vp of global communications and brand strategy, Matt Sawin as head of global product strategy and operations, Nina Rabe-Cairns as head of global growth strategy and Zack Gershen as executive vp of global commercial and digital strategy.
The appointments are the latest step in a consolidation process for Universal Music Group’s various artist services outfits. In September 2022, the company lumped together Virgin Music Label and Artist Services, Ingrooves Music Group and the newly acquired mtheory Artist Partnerships into a new entity, Virgin Music Group — of which mtheory’s founders, Myers and Nat Pastor, were appointed co-CEOs.
“mtheory was founded on the idea that we could transform the music industry by offering better, more aligned partnerships with artists,” Myers said last year. “By bringing these incredible global teams and resources together, we have the opportunity to turbo-charge that vision, and deliver even more value to artists, labels and music entrepreneurs.”
Warner Music previously combined its Independent Label Group and Alternative Distribution Alliance (ADA) under one roof in 2012. Sony Music merged The Orchard and RED under the Orchard brand in 2017.
Jonas Group Entertainment (JGE) and the company’s founder Kevin Jonas Sr. have launched the Nashville-based Red Van Records, under the leadership of CEO Phil Guerini.
The label’s first signing is Nashville singer-songwriter Levi Hummon, who’ll release his first song under the label on Oct. 27, with a new version of his Walker Hayes collaboration “Paying For It.” Dan Pearson‘s Lakeside Entertainment Group will provide label services for Red Van Records.
JGE was founded in 2005 while Jonas was managing his sons, the sibling music group Jonas Brothers. The namesake for Red Van Records is the red van that the Jonas family originally toured the country in. “I can’t begin to guess how many hours and miles we logged driving the guys around the country in that van, but it represents the commitment you make to be in the music industry,” said Jonas Sr. in a statement. “We were always building and in motion and that’s the philosophy of Red Van Records.”
“With the values and ideals that are the foundation of Red Van Records, Levi is the perfect artist to launch our label,” Guerini said in a statement. “He is so well respected in the music community as a complete artist, and he has been tireless in his pursuit of music and taking it to the fans on the road. It’s the unrelenting pace and ‘firsts’ of the early days that may seem small at the time, but like the red van, they are the start of something truly special.”
“So excited to be working with Kevin, Phil, and honored to be Red Van Records first signing,” Hummon added. “I’m so grateful to them for dreaming big with me and I couldn’t imagine my music in better hands. Family is everything to me and they have made feel like part of their family since day one. This next chapter is going to be a wild ride.”
Jonas Group Entertainment’s artist roster includes Bailee Madison, Darby, Franklin Jonas, Harper Grace, Levi Hummon, LIVVIA, Mallary Hope, Mandy Harvey, Tayler Buono and The Band Light. Meanwhile, Jonas Group Publishing’s roster includes Franklin Jones and Terri Jo Box.
Hummon, the son of songwriter Marcus Hummon, previously issued his debut self-titled EP in 2016 through Big Machine Label Group, followed by 2018’s Patient via Iconic Records.
BMG said on Thursday (Oct. 18) that it will use Universal Music Group’s (UMG) commercial services division for the distribution of its physical recorded music, in what BMG CEO Thomas Coesfeld described as the first project of a burgeoning “alliance.” Last month, BMG announced it was winding down its agreement with Warner Music Group’s ADA […]